The handling methods for expired trademarks are as follows:
1. If the trademark needs to be continued to be used, the party concerned can go through the renewal procedures in accordance with the regulations within 12 months before expiration. During this period If the application fails to be processed, a six-month grace period can be given;
2. If there is no need to continue to use it, the party concerned can apply for cancellation or wait for automatic cancellation.
The documents required for renewal of a trademark after it has expired are as follows:
1. "Application for Trademark Renewal Registration";
2. Identity of the applicant Certification documents (copies);
3. Submit the "Agency Letter" if you entrust an agent, and submit a copy of the ID card of the person in charge if you handle it directly in the acceptance hall;
4 , A copy of the registration certificate;
5. If the application documents are in a foreign language, a Chinese translation signed and confirmed by a translation agency should also be provided.
The consequences of not canceling the trademark upon expiration are as follows:
1. If the expiration date is less than six months, the trademark right is deemed to still exist, and the trademark registrant enjoys the trademark right in accordance with the law;
2. If the expiration exceeds six months, the trademark will be deemed to be automatically terminated, and the trademark owner will no longer enjoy the corresponding trademark rights.
The rights enjoyed by trademark registrants are as follows:
1. Exclusive right to use. The trademark owner has the exclusive right to use its registered trademark. No third party may use it on similar products or products. Use a trademark that is the same as or similar to the trademark registered by the trademark owner on the service;
2. License right. The trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract;
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3. Right of disposal;
4. Right of transfer. The trademark owner can transfer the trademark right to a third party, with or without compensation;
5. Investment Rights, corporate legal persons, partnerships, sole proprietorships and other corporate legal persons, partnerships, sole proprietorships;
6. Pledge rights, the trademark owner can pledge the trademark and use the pledge rights to ensure its Debt or third party;
7. Abandonment of trademark rights;
8. Inheritance rights. Trademarks are intangible properties and can be inherited by their legal heirs according to the order of property inheritance.
To sum up, if a trademark expires, you can choose whether to renew the trademark according to the needs of the party concerned. Within the renewal time limit, you must prepare the materials to handle the trademark renewal.
Legal basis:
Article 39 of the "Trademark Law of the People's Republic of China"
The validity period of a registered trademark is ten years, self-approval Calculated from the date of registration.
Article 40
If a registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures in accordance with the regulations within twelve months before the expiration; here If the application cannot be processed within the period, a six-month extension period can be given. Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled.
The Trademark Office shall announce the renewal of registered trademarks.